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‘Picture very disturbing’, SC grants protection from arrest to ex-Mumbai CP

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The Supreme Court on Monday termed the legal battle between former Maharashtra Home Minister Anil Deshmukh and ex-Mumbai Police Commissioner Param Bir Singh as “very disturbing”, stating that a former commissioner seems to show lack of faith in the police.

The top court also granted protection from arrest to Singh in the cases lodged against him in Maharashtra, and directed him to join the investigation.

A bench headed by Justice Sanjay Kishan Kaul and comprising Justice M.M. Sundresh said: “We do find the picture very disturbing. An earlier commissioner seems to show lack of faith in the police! We wonder what would happen to the common man and what kind of faith they would have in the police. The matter has become curiouser in the battle between the then home minister and the then police commissioner.”

The bench added that the only question which has to be examined is whether in view of the CBI looking into the matter, the other aspects arising are also to be entrusted to the CBI.

The bench said the stands of the CBI and the state government are also not known as the writ petition stands decided on a threshold point of sending it to the Central Administrative Tribunal (CAT).

The bench said: “Prima facie, this may not be the appropriate course of action. The notices issued to the respondents are returnable on December 6. In the meantime, the petitioner shall join the investigation, but shall not be arrested.”

Senior advocate Puneet Bali, representing Singh, submitted that his client is very much in India, but apprehends action being taken by the Maharashtra government.

He also submitted that the prayer in the petition was for directing respondent No. 2 (CBI) to inquire and investigate into the criminal conspiracy charges.

Bali submitted that the petition was dismissed at a preliminary stage on the ground that the petitioner must approach the CAT, as the issue raised is of the service of the petitioner with the state government.

Bali said that FIRs against his client have been lodged by bookies, extortionists etc., against whom he had taken action.

He submitted that his client was broached by the commissioner, whom he handed over the charge, who advised him not to fight against the system and in effect withdraw the letter sent to the Chief Minister making complaints against Deshmukh, as otherwise the consequences could be varied.

Singh had levelled sensational charges of Rs 100 crore extortion against then Maharashtra Home Minister Anil Deshmukh. Bali urged the top court to allow Singh to appear before any officer of the court of the CBI.

On November 18, the Supreme Court had asked Singh’s counsel to disclose which part of the world or the country he is in, and without these details, the court would not entertain his plea seeking protection.

The top court had directed Singh’s counsel to disclose his location on Monday. Singh had moved the top court seeking protection in FIRs registered against him in Maharashtra.

Crime

Police says no evidence traceable in rape case against BJP MLA Ganesh Naik; files ‘a summary’ report to HC

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 The Navi Mumbai police on Friday informed the Bombay High Court it has not traced any evidence in the rape case lodged against Bharatiya Janata Party MLA Ganesh Naik and have submitted an ‘A Summary’ report to the local court.

An ‘A Summary’ report is filed in a case where the offence is made out but the evidence is not traceable or the accused persons are not found.

In April this year, a 42-year-old woman registered a case against Naik alleging he had raped and threatened her.

According to the complaint, the woman and Naik were in a live-in relationship since 1995 and they also have a child together.

Naik had, in May, approached HC seeking pre-arrest bail. He was granted interim bail at the time.

On Friday, when his plea came up for hearing before a division bench of Justices Revati Mohite Dere and R N Laddha, additional government pleader Prajakta Shinde said the police has submitted an ‘A Summary’ report in the case in September this year.

Naik’s counsel Ashok Mundargi sought the bench to direct the local court to dispose of the matter expeditiously.

“The case has a political angle to it and in such cases the matter is kept deliberately pending. After the police submitted its report, the court issued notice to the complainant and since then the matter is pending,” Mundargi said.

The bench then directed the magistrate’s court to dispose of the case within three months. The 42 year old woman claimed in her complaint she was in a live-in relationship with Naik since 1995. They met in a club in 1993, where she was a receptionist, and fell in love.

The FIR also pointed out they had a sexual relationship and have a child. The woman alleged Naik was not treating her well and was avoiding her calls.

There were constant quarrels as well, and during one such incident Naik allegedly threatened her with a gun, as per the complaint. After this incident, she proceeded to file a complaint and an FIR was registered.

Naik had contended that for an incident which happened in 1995, the allegations were made in 2022, which was belated. He also pointed out the case was being backed by his political rivals for revenge against him.

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Crime

Shraddha murder case: Aaftab’s post-narco test concludes

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The post-narco test of Aaftab Amin Poonawalla, the accused in the ghastly murder of his live-in partner Shraddha Walkar in Delhi’s Mehrauli area, concluded on Friday. His test was conducted inside the Tihar prison by the FSL officials.

As per sources, the team from the Forensic Science Laboratory, Rohini had reached Tihar jail for the post-narco test at around 11.30 a.m.

“A four-member team had reached Tihar Jail No.-4 on Friday along with the investigating officer for a post-narco analysis session of Aaftab,” said a senior FSL official.

“The test started around 12. He was again asked similar questions and his answers will be matched with the questions from the previous narco analysis session,” said the sources.

If needed, the narco test will be done again, claimed the sources.

Further details were awaited.

Meanwhile, the prison authorities have also increased the security of his barrack after the police van was attacked by men, who were armed with swords.

Though his confessions in the narco test cannot be used in the court, yet it proved that the investigators were proceeding in the right direction.

Pertinent to mention here that the findings of both polygraph and narco test are not admissible in the court. These tests will only help the Delhi Police gather evidence, and thereby increase the possibility of prosecution of the guilty.

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Crime

Shraddha murder case: Narco test process begins on Aaftab

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The process of Narco test on Aaftab Amin Poonawalla, who is an accused in the ghastly murder of his live-in partner Shraddha Walkar in Delhi’s Mehrauli area, began on Thursday morning, said Special Commissioner of Police (law & order), Sagar Preet Hooda.

According to sources, Aaftab was taken to the Ambedkar Hospital from Tihar at around 9 a.m.

Further details were awaited.

The polygraph test of Aaftab ended on Tuesday at the Forensic Science Laboratory (FSL) in Rohini.

According to a senior FSL official, Aaftab’s polygraph test is now complete and a detailed report will be shared in a day or two with the Delhi Police.

The sources said that a polygraph and a narco test is imperative in this case, as Aaftab, during interrogation, was deceptive in nature and tried to mislead the interrogators.

Shraddha and Aaftab had met through the dating app ‘Bumble’ in 2018. They had come to Delhi on May 8 and shifted to the Chattarpur area on May 15. On May 18, Aaftab allegedly killed Shraddha and then chopped her body into 35 pieces and threw the body parts across various places over a period of 18 days.

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